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2010 Supreme(Guj) 61

H.K.RATHOD
NEW INDIA ASSURANCE CO LTD. – Appellant
Versus
SHANTABEN BAVA – Respondent


Advocates Appeared:
MR. VIBHUTI NANAVATI for Appellant(s) : 1,
None for Defendant(s) : 1,
MR K.L. DAVE for Defendant(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4
MR. VIMAL M. PATEL for Defendant(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4
(MR. JAYANT PATEL) for Defendant(s) : 1.2.5

JUDGMENT

H. K. RATHOD, J. Heard learned Advocate Mr. Vibhuti Nanavati for appellant insurance company and learned Advocate Mr. K.L. Dave for respondents-original claimants in this group of appeals.

2. By filing these appeals, appellant insurance company has challenged common award made by MACT at Junagadh in MACP No. 189 of 1995 and other consolidated matters dated 25.4.2000 Exh. 167. Accident occurred on 22.2.95. The vehicle involved is Matador bearing No. GJ.14.T.3173 which was driven by opponent no.1 and was insured with opponent NO.2. Policy was produced at Exh. 162 and 166. RC Book was produced at Exh. 165 and all matters were consolidated together and decided accordingly by claims tribunal. Claims Tribunal considered following points for deciding said group of claim petitions :

“(1) Whether it is proved that the that the incident occurred on account of rash and negligent driving of motor vehicle I.e. career Tempo No. GJ.14.3173 by opponent No.1?

(2) Whether the opponent no.2 is also liable for the aforesaid incident?

(3) Whether the deceased died due to the injuries sustained in the aforesaid vehicular accident?

(4) To what amount of compensation the petitioners are entitled?

(5) Wh













































































































































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